Select Speeches of Daniel Webster, 1817-1845Webster, Daniel
General
Select Speeches of Daniel Webster, 1817-1845
Webster, Daniel
Speeches, addresses, etc., American
The fifteenth article has been referred to before. It declares that no
one shall be "deprived of his property, immunities, or privileges, but
by the judgment of his peers or the law of the land." Notwithstanding
the light in which the learned judges in New Hampshire viewed the
rights of the plaintiffs under the charter, and which has been before
adverted to, it is found to be admitted in their opinion, that those
rights are privileges within the meaning of this fifteenth article of
the Bill of Rights. Having quoted that article, they say: "That the
right to manage the affairs of this college is a privilege, within the
meaning of this clause of the Bill of Rights, is not to be doubted." In
my humble opinion, this surrenders the point. To resist the effect of
this admission, however, the learned judges add: "But how a privilege
can be protected from the operation of the law of the land by a clause
in the constitution, declaring that it shall not be taken away but by
the law of the land, is not very easily understood." This answer goes
on the ground, that the acts in question are laws of the land, within
the meaning of the constitution. If they be so, the argument drawn from
this article is fully answered. If they be not so, it being admitted
that the plaintiffs' rights are "privileges," within the meaning of the
article, the argument is not answered, and the article is infringed by
the acts. Are, then, these acts of the legislature, which affect only
particular persons and their particular privileges, laws of the land?
Lord Coke citing and commenting on the celebrated twenty-ninth chapter
of Magna Charta, says: "No man shall be disseized, &c., unless it be by
the lawful judgment, that is, verdict of equals, or by the law of the
land, that is (to speak it once for all), by the due course and process
of law." Have the plaintiffs lost their franchises by "due course and
process of law"? On the contrary, are not these acts "particular acts
of the legislature, which have no relation to the community in general,
and which are rather sentences than laws"?
By the law of the land is most clearly intended the general law; a law
which hears before it condemns; which proceeds upon inquiry, and
renders judgment only after trial. The meaning is, that every citizen
shall hold his life, liberty, property, and immunities under the
protection of the general rules which govern society. Every thing which
may pass under the form of an enactment is not therefore to be
considered the law of the land. If this were so, acts of attainder,
bills of pains and penalties, acts of confiscation, acts reversing
judgments, and acts directly transferring one man's estate to another,
legislative judgments, decrees, and forfeitures in all possible forms,
would be the law of the land.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account